Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 324,337-A(ii),148,149,109

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.324, 337-H(ii), 148, 149 & 109---Bail, grant of---Further inquiry---Cross-version case---Both rival cases were pending---In the cross-version case of accused, all accused persons had been granted pre-arrest bail---Case of accused, in circumstances, had become that of further inquiry---Question as to which party was an aggressor and which party was aggressed upon, would be decided after recording evidence by the Trial Court---Accused was behind the bars since long and there was no progress in the trial of the case---Injury caused by accused was on the non-vital part of the injured---Prima facie the intention to kill, did not appear to be available, keeping in view the seat of injury which was on the non-vital part of the body and was not repeated---Accused was admitted to bail, in circumstances. 2009 SCMR 324; 2009 PCr.LJ 545; 2009 MLD 348; 2008 MLD 1225; Ghulam Muhammad and 2 others v. The State 2002 PCr.LJ 1611; Allah Ditta and 2 others v. The State 2001 PCr.LJ 216 and Shoaib Mehmood Butt v. Iftikhar-ul-Haq and 3 others 1996 SCMR 1845 rel. ORDER IQBAL HAMEED-UR-REHMAN, J.--- Petitioner seeks post-arrest bail in case F.I.R. No.1171 of 2007 dated 15-10-2007 under sections 324, 337-H(ii), 148, 149, 109, P.P.C. registered at Police Station Sadar Jaranwala, District Faisalabad. 2. The allegation against the petitioner is that he along with the co-accused caused injury to Mushtaq Ahmed injured P.W. on his left thigh and to Muhammad Abid on his right foot with gun. 3. It is contended on behalf of the petitioner that a false case has been registered against the petitioner; actually the complainant party was aggressor and in this regard a cross-version case of the petitioner was registered against the complainant party stating therein that the complainant along with other had drunk and they tried to crush them under the car and came to the house of the petitioner fully armed; that the said cross-version of the petitioner had initially been discharged in the first investigation but thereafter on change of investigation the cross version of the petitioner had been found correct and…

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